Page:United States Statutes at Large Volume 118.djvu/3457

 118 STAT. 3427 PUBLIC LAW 108–447—DEC. 8, 2004 personally identifiable information concerning any sub scriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or sat ellite carrier. ‘‘(B) EXCEPTIONS.—A satellite carrier may disclose such information if the disclosure is— ‘‘(i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the sub scriber; ‘‘(ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the sub scriber is notified of such order by the person to whom the order is directed; ‘‘(iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if— ‘‘(I) the satellite carrier has provided the sub scriber the opportunity to prohibit or limit such disclosure; and ‘‘(II) the disclosure does not reveal, directly or indirectly, the— ‘‘(aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or ‘‘(bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or ‘‘(iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier. ‘‘(5) ACCESS BY SUBSCRIBER.—A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information. ‘‘(6) DESTRUCTION OF INFORMATION.—A satellite carrier shall destroy personally identifiable information if the informa tion is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order. ‘‘(7) PENALTIES.—Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. The court may award— ‘‘(A) actual damages but not less than liquidated dam ages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; ‘‘(B) punitive damages; and

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